818 F.

2d 29
Unpublished Disposition

NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of

unpublished dispositions is disfavored except for establishing
res judicata, estoppel, or the law of the case and requires
service of copies of cited unpublished dispositions of the Fourth
Circuit.
Dewey Henderson SMITH, Plaintiff--Appellant,
v.
Thomas R. ISRAEL, Defendant--Appellee.
No. 86-6828.

United States Court of Appeals, Fourth Circuit.

Submitted March 24, 1987.
Decided May 6, 1987.

Before HALL, SPROUSE and WILKINS, Circuit Judges.

Dewey Henderson Smith, appellant pro se.
PER CURIAM:

Dewey Henderson Smith, a Virginia inmate, seeks to appeal from the district
court's dismissal without prejudice of his civil rights complaint.

Smith instituted this action on September 8, 1986, and requested leave to

proceed in forma pauperis. At the court's request, the Virginia Department of
Corrections furnished a record of Smith's inmate trust fund. The record showed
that deposits totaling $123.13 had been made in the six months immediately
preceding the submission of the complaint. Pursuant to Evans v. Croom, 650
F.2d 521 (4th Cir. 1981), cert. denied, 454 U.S. 1153 (1982), the court on
October 2, 1986, ordered Smith to pay a partial filing fee of $18.47 or present
any special circumstances which would justify a different payment or no
payment at all.

On October 7, 1986, Smith sought an explanation of the district court's method

On October 7, 1986, Smith sought an explanation of the district court's method

of arriving at the amount of the partial filing fee. In an October 14, 1986, order,
the district court explained its method and directed Smith to pay the partial
filing fee within twenty days of the date of the order. On December 2, 1986,
the district court, having received no response from Smith, dismissed the action
without prejudice.

As the fee assessment procedure followed by the district court comported with
the system approved in Evans v. Croom, we affirm the district court's dismissal
of the action for failure to pay the partial fee. Because the dispositive issues
recently have been decided authoritatively, we dispense with the oral argument.

AFFIRMED.